Convicted sex offender sentenced in City Court
NORWICH – Convicted sex offender, 26-year-old Anthony J. Biviano of Norwich, was sentenced in Norwich City Court for the class A misdemeanor – which was reduced from a felony – of filing a false statement.
It is alleged Biviano, after being arrested as a sex offender for the class E felony of failing to register, wrote down an incorrect address on a Norwich City Police Department document.
Biviano was convicted of the violent felony of attempted rape in the second degree in April of 2009.
According the New York State Sex Offender Registry, he had sexual intercourse and sexual contact with a 13-year-old female, non-stranger victim.
Biviano pleaded guilty to filing a false statement and according to First Assistant District Attorney Michael D. Ferrarese, his felony of failing to register is still pending in Chenango County Court.
“Writing down false addresses are crimes,” said Ferrarese. “He can't mislead and lie to the police.”
“The state has to keep accurate records [on sex offenders]; they contact local law enforcement as soon as there has been a change,” he added.
Downey agreed with Ferrarese and said to Biviano, “How hard is it to tell the cops, 'hey, I am moving Thursday from xyz to abc.'?”
“It's not hard,” said Biviano.
Downey said he understands that some moves are unplanned, like if someone were to “get in a fight with their girlfriend and she throws them out.”
“But whatever the circumstances that cause your address to change, you've got to let them know. Take it seriously. It's as simple as that,” said Downey.
“I am sure law enforcement does, and I do ... and the district attorney's office,” he added.
Biviano was sentenced to a definite sentence of six months in the Chenango County Correctional Facility, less time he has already served.
Downey said Biviano has already served approximately 70 days and that his sentence will run concurrent with whatever sentence he receives for his felony in County Court.
Biviano will also be required to pay a $250 fine within 90 days of his release.
He is to appear in Chenango County Court at a later date for his pending felony charge.
It is alleged Biviano, after being arrested as a sex offender for the class E felony of failing to register, wrote down an incorrect address on a Norwich City Police Department document.
Biviano was convicted of the violent felony of attempted rape in the second degree in April of 2009.
According the New York State Sex Offender Registry, he had sexual intercourse and sexual contact with a 13-year-old female, non-stranger victim.
Biviano pleaded guilty to filing a false statement and according to First Assistant District Attorney Michael D. Ferrarese, his felony of failing to register is still pending in Chenango County Court.
“Writing down false addresses are crimes,” said Ferrarese. “He can't mislead and lie to the police.”
“The state has to keep accurate records [on sex offenders]; they contact local law enforcement as soon as there has been a change,” he added.
Downey agreed with Ferrarese and said to Biviano, “How hard is it to tell the cops, 'hey, I am moving Thursday from xyz to abc.'?”
“It's not hard,” said Biviano.
Downey said he understands that some moves are unplanned, like if someone were to “get in a fight with their girlfriend and she throws them out.”
“But whatever the circumstances that cause your address to change, you've got to let them know. Take it seriously. It's as simple as that,” said Downey.
“I am sure law enforcement does, and I do ... and the district attorney's office,” he added.
Biviano was sentenced to a definite sentence of six months in the Chenango County Correctional Facility, less time he has already served.
Downey said Biviano has already served approximately 70 days and that his sentence will run concurrent with whatever sentence he receives for his felony in County Court.
Biviano will also be required to pay a $250 fine within 90 days of his release.
He is to appear in Chenango County Court at a later date for his pending felony charge.
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